STATE WATER RESOURCES CONTROL BOARD

WORKSHOP SESSION--DIVISION OF WATER QUALITY

NOVEMBER 3, 1999

ITEM8

SUBJECT

CONSIDERATION OF A RESOLUTION APPROVING WITH CLARIFICATIONSAN AMENDMENT TO THE WATER QUALITY CONTROL PLAN FOR THE NORTH COAST REGION ESTABLISHING A TOTAL MAXIMUM DAILY LOAD FOR SEDIMENT IN THE GARCIA RIVER WATERSHED

DISCUSSION

The California Regional Water Quality Control Board, North Coast Region (North Coast Regional Board), adopted the Water Quality Control Plan for the North Coast Region (Basin Plan) on December 9, 1993.The adopted Basin Plan was approved by the State Water Resources Control Board (SWRCB) on March 21, 1994 and by the Office of Administrative Law on August 18, 1994.A narrative water quality objective for sediment is contained in the Basin Plan.Federal Clean Water Act (CWA) Section 303(d) requires the identification of water bodies that do not meet water quality objectives and where attainment of the objectives is not expected with implementation of technology based controls.For such listed water bodies the CWA requires the establishment of a total maximum daily load (TMDL) for the relevant pollutant to ensure attainment of the objective.The U.S. Environmental Protection Agency (USEPA) placed Garcia River on the CWA Section 303(d) list in 1993 due to impairment of beneficial uses by sediment from nonpoint sources of pollution.The beneficial uses impacted are cold freshwater habitat; spawning, reproduction and/or early development of cold water fish, such as coho salmon and steelhead trout; and estuarine habitat.

USEPA, in settlement of a lawsuit with Pacific Coast Federation of Fishermen’s Associations, committed to develop TMDLs on 18 water bodies along the North Coast of California, including sediment in the Garcia River watershed (this TMDL).USEPA promulgated a TMDL for the Garcia River in March 1998.This proposed Basin Plan amendment incorporates the USEPA TMDL and includes an implementation plan.

On May 28, 1998, the North Coast Regional Board adopted Resolution No. 98-66 amending the Basin Plan to incorporate a TMDL for sediment in the Garcia River watershed.On December 10, 1998, the North Coast Regional Board adopted a revised Resolution No. 98-66 to correct minor errors and inconsistencies (Attachment A).

The amendment establishes numeric targets which are expected to result in the Garcia River meeting the sediment water quality objective by the compliance date 

of 2049.In order to meet the objective, three options are provided to landowners in the watershed:compliance with waste discharge prohibitions that apply to the Garcia River watershed,compliance with approved erosion control and site-specific management plans, or compliance with an approved erosion control plan and the general Garcia River Management Plan.

Subsequent to adoption of the amendment, staffs of the SWRCB and North Coast Regional Board identified items in the amendment that required clarification.The clarifications discussed below do not change the intent of the North Coast Regional Board action.Therefore, SWRCB staff proposes to make these clarifications at this stage of the approval process.The clarifications are:

1.The title of the amendment is unclear because it suggests that the document is a “summary” when in fact it is the complete amendment that will be codified in State regulations upon approval by the SWRCB and Office of Administrative Law.Therefore, staff recommends the title of the amendment be modified from:“Summary of the Garcia River Watershed Water Quality Attainment Strategy for Sediment” to “Garcia River Watershed Water Quality Attainment Action Plan for Sediment“ (Attachment B).”“Action Plan” is consistent with other Basin Plan site specific programs.This clarification would also require that all references to the amendment as the “Strategy Summary” be modified to refer to the “Action Plan.”

2.The amendment makes a reference to the Mendocino County’s 1996 Report “Garcia River Management Plan” and incorporates by reference its recommendations for in-channel and off-channel gravel mining as requirements of the amendment.Staff proposes to clarify the amendment by placing those provisions directly into the amendment.

3.The amendment incorporates by reference monitoring specifications and requirements from the 1997 “Garcia River Watershed Water Quality Attainment Strategy for Sediment.”Staff proposes to clarify the amendment by placing the monitoring specifications and requirements into the amendment.

4.Miscellaneous deletions are also proposed for clarification throughout the amendment.All proposed changes are shown in “strike out” and “underline” format in Attachment B and listed in Attachment C.

POLICY ISSUE

Should the SWRCB:

1.Approve the amendment to the Water Quality Control Plan titled “Summary of the Garcia River Watershed Water Quality Attainment Strategy for Sediment” adopted under North Coast Regional Board Resolution 98-66 with the clarifications shown in “strike out” and “underline” format in Attachment B and listed in Attachment C.

2.Authorize the Executive Director to submit the regulatory provisions of the amendment adopted under the North Coast Regional Board Resolution No. 98-66 as clarified to the Office of Administrative Law for approval.

3.Authorize the Executive Director to submit the amendment adopted under North Coast Regional Board Resolution No. 98-66 as clarified to USEPA for approval.

FISCAL IMPACT

North Coast Regional Board and SWRCB staff work associated with or resulting from this action can be accommodated within budgeted resources.

RWQCB IMPACT

Yes, North Coast Regional Board.

STAFF RECOMMENDATION

That the SWRCB:

1.Approves the amendment to the Water Quality Control Plan titled “Summary of the Garcia River Watershed Water Quality Attainment Strategy for Sediment” adopted under North Coast Regional Board Resolution 98-66 with the clarifications shown in “strike out” and “underline” format in Attachment B and listed in Attachment C.

2.Authorizes the Executive Director to submit the regulatory provisions of the amendment adopted under the North Coast Regional Board Resolution No. 98-66 as clarified to the Office of Administrative Law for approval.

3.Authorizes the Executive Director to submit the amendment adopted under North Coast Regional Board Resolution No. 98-66 as clarified to USEPA for approval.

NOTE:Attachment B is not available except in Word 6.0.If you cannot access the document in Word, for a copy contact Joanne Cox at (916) 657-0659

______________________________________________________________________

OCTOBER 25, 1999 DRAFT

STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 99-__

APPROVING WITH CLARIFICATIONS AN AMENDMENT TO THE 

WATER QUALITY CONTROL PLAN FOR THE NORTH COAST REGION ESTABLISHING A TOTAL MAXIMUM DAILY LOAD 

FOR SEDIMENT IN THE GARCIA RIVER WATERSHED

WHEREAS:

1.The California Regional Water Quality Control Board, North Coast Region (North Coast Regional Board), adopted a revised Water Quality Control Plan for the North Coast Region (Basin Plan) on December 9, 1993, which was approved by the State Water Resources Control Board (SWRCB) on March 21, 1994 and by the Office of Administrative Law on August 18, 1994.

2.On May 28, 1998, the North Coast Regional Board adopted Resolution No. 98-66 (Attachment A) amending the Basin Plan by incorporating a total maximum daily load (TMDL) for sediment in the Garcia River watershed.

3.On December 10, 1998, the North Coast Regional Board revised Resolution
No. 98-66 to correct minor errors and inconsistencies.

4.The SWRCB finds that the Basin Plan amendment titled “Summary of the Garcia River Watershed Water Quality Attainment Strategy for Sediment” is in conformance with the requirements for TMDL development specified in Section 303(d) of the Federal Clean Water Act (CWA).

5.The SWRCB finds that the title and various provisions of the amendment warrant clarification.

6.The North Coast Regional Board staff prepared documents and followed procedures satisfying environmental documentation requirements in accordance with the California Environmental Quality Act and other State laws and regulations.

7.A Basin Plan amendment does not become effective until approved by the SWRCB and until the regulatory provisions are approved by the Office of Administrative Law.

THEREFORE BE IT RESOLVED THAT:

The SWRCB:

1.Approves the amendment to the Water Quality Control Plan titled “Summary of the Garcia River Watershed Water Quality Attainment Strategy for Sediment” adopted under North Coast Regional Board Resolution 98-66 with the clarifications shown in “strike out” and “underline” format in Attachment B and listed in Attachment C.

2.Authorizes the Executive Director to submit the regulatory provisions of the amendment adopted under the North Coast Regional Board Resolution No. 98-66 as clarified to the Office of Administrative Law for approval.

3.Authorizes the Executive Director to submit the amendment adopted under North Coast Regional Board Resolution No. 98-66 as clarified to USEPA for approval.

CERTIFICATION

The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on November 18, 1999.

Maureen Marché

Administrative Assistant to the Board

Attachment A

California Regional Water Quality Control Board

North Coast Region

Resolution No. 98-66

(Revised December 10, 1998)

Amending the Water Quality Control Plan for the North Coast Region

to Include Relevant Portions of the 

Garcia River Watershed 

Water Quality Attainment Strategy for Sediment (December 1997)

WHEREAS,The California Regional Water Quality Control Board, North Coast Region (Regional

Water Board) last amended the Water Quality Control Plan for the North Coast Region (Basin Plan)

on May 28, 1998.The Basin Plan includes water quality objectives, implementation plans for point

source and nonpoint source discharges, and statewide plans and policies; and

WHEREAS,Section 303(d) of the Clean Water Act requires states to identify and to prepare a list of 

water bodies that do not meet water quality objectives and then to establish load and waste load

allocations, or a total maximum daily load, for each water body which will ensure attainment of water

quality objectives and then to incorporate those allocations into their water quality control plans; and

WHEREAS,On October 19, 1993, the United States Environmental Protection Agency, Region IX

(USEPA) placed the Garcia River watershed on the Section 303(d) list, due to impairment and/or threat

of impairment of water quality by sediment; and

WHEREAS,Accelerated sedimentation has been identified as impacting the beneficial uses of the

Garcia River watershed which include cold freshwater habitat, spawning, reproduction, and early

development of cold water fish such as coho and steelhead, and estuarine habitat; and

WHEREAS,As a result of the placement of the Garcia River watershed on the Section 303(d) list,

landowners, land managers, interested groups, other members of the public and resource protection

agencies provided input on the development ofthe Garcia River Watershed Water Quality

Attainment Strategy for Sediment, December 9, 1997 (Strategy).The Strategy provides a 

description of the factors impacting the cold water fishery, an assessment of the sources of sediment 

in the Garcia River watershed, an implementation plan for reducing accelerated sediment delivery to

the Garcia River, and a monitoring program; and

WHEREAS,On March 16, 1998, the USEPA promulgated a Garcia River Sediment Total Maximum

Daily Load (TMDL) in order to fulfill its obligations under the federal Clean Water Act and in order to

comply with an extended date for compliance set forth in a consent decree which resulted from a lawsuit

against the USEPA by the Pacific Coast Federation of Fishermen’s Association et al.The TMDL 

utilized much but not all of the information and analysis contained in the Strategy.The TMDL contains

neither an implementation plan nor a monitoring plan, two necessary elements of a water quality control 

strategy; and

WHEREAS,The Regional Water Board submitted the Strategy and a corresponding proposed Basin

Plan amendment to an external scientific review panel.On January 19, 1998, the review panel

submitted its response to the Regional Water Board, which stated that in general, the Strategy and 

proposed Basin Plan amendment presented a rational portrayal of current knowledge about the Garcia

River watershed.In addition, the panel provided several specific areas of concern.The Regional Water

Board revised the proposed Basin Plan amendment in response to the comments submitted by the review 

panel, or provided a written response which explained its basis for not incorporating their comments; 

and

WHEREAS,On January 22, 1998, the Regional Water Board conducted a public hearing to consider

the Strategy and consider including relevant portions of the Strategy as a TMDL for the Garcia River 

watershed into the Basin Plan.The Regional Water Board received considerable public comment at the

public hearing, and closed the public hearing without action; and

WHEREAS,On May 28, 1998 the Regional Water Board conducted a second public hearing to

consider amendment of the Basin Plan to include relevant portions of the Strategy (Strategy Summary)

as a TMDL for the Garcia River watershed and to incorporate proposed changes to the Strategy

Summary resulting from the many comments provided in the January 22, 1998 public hearing.As a 

result of public comment, the proposed Basin Plan amendment was revised at the hearing prior to the 

Regional Water Board’s action; and

WHEREAS,The Regional Water Board adopted Resolution No. 98-66 to amend the Basin Plan to

include a the revised, proposed Basin Plan amendment; and

WHEREAS,On June 12, 1998, the Regional Water Board distributed the adopted Basin Plan

amendment, including the last minute changes incorporated at the May 28, 1998 hearing; and

WHEREAS,Upon review of the adopted Basin Plan amendment, various minor errors and

inconsistencies were discovered that required further revision; and

WHEREAS,A Notice of Filing and Public Hearing, a Staff Report containing the proposed revisions

to the Basin Plan amendment adopted on May 28, 1998, and environmental documentation functionally

equivalent to the California Environmental Quality Act requirements were transmitted to interested

individuals and public agencies forreview and comment; and

WHEREAS,The Regional Water Board submitted the Staff Report, including the revised proposed 

Basin Plan amendment to an external scientific review panel; and

WHEREAS,The Regional Water Board has determined that compliance with the proposed revised

Basin Plan amendment, containing the revised Strategy Summary will attain and maintain the applicable

water quality objectives for sediment and restore and protect beneficial uses.

WHEREAS,The Regional Water Board held a public hearing on December 10, 1998, and carefully

considered all testimony and comments received on this matter; and hereby finds that the revised

Strategy Summary will not have a significant effect on the environment.

THEREFORE, BE IT RESOLVED, that the amendment to the Water Quality Control Plan for the North Coast Region adopted on May 28, 1998 as Resolution No. 98-66 be revised due to its containing minor errors and inconsistencies.

BE IT FURTHER RESOLVED, that Section 4, Implementation Plans, Nonpoint Source Measures of the Water Quality Control Plan for the North Coast Region be amended to include at the end of the Section, the revised Strategy Summary which is included in Attachment 1 to this Resolution No.98- 66.

BE IT FURTHER RESOLVED, that considering the record as a whole, this Basin Plan amendment will involve no potential for adverse effect, either individually or cumulatively on wildlife.Therefore, the Executive Officer is directed to sign a Certificate of Fee Exemption for a “De Minimis” Impact Finding.

Certification

I, Lee A. Michlin, Executive Officer,

do hereby certify that the foregoing is

a full, true, and correct copy of a 

Resolution adopted by the California

Regional Water Quality Control Board,

North Coast Region, on December 10, 1998.

______/s/________

Lee A. Michlin

Executive Officer
Attachment C

SWRCB STAFF CLARIFICATIONS TO THE NORTH COAST REGIONAL BOARD’S

BASIN PLAN AMENDMENT ESTABLISHING A TOTAL MAXIMUM DAILY LOAD

FOR SEDIMENTS IN THE GARCIA RIVER WATERSHED

1.Delete the words “Summary of the” and “Strategy” from the amendment title and modify the title to read:“Garcia River Watershed Water Quality Attainment Action Plan for Sediment.”

2.Delete the sentence (page 1, second paragraph, 8th line):“The Strategy summarizes the existing watershed data, identifies sources of sediment in the Garcia River watershed, and sets forth a schedule and means for reducing controllable sedimentation.”

3.Delete the phrase “summary of the Strategy (Strategy Summary)” (page 1, second paragraph, 12th line, the sentence beginning “The following” will start a new paragraph) and replace it with “Action Plan”.

4.Delete the sentence (page 1, new third paragraph, last line):“As a result of the Basin Plan amendment process, this Strategy Summary already contains some minor revisions from the Strategy; where there are inconsistencies, the Strategy Summary should be followed.”

5.Change “In-channel gravel mining shall follow all of the recommendations .…” (page 14, item no. 21) to:“In-channel gravel mining shall follow the following recommendations from the Garcia River Gravel Management Plan.”Text of the recommendations to be moved into amendment follows item no. 22, starting on page “a” in Attachment B.

6.Change “Floodplain (Off-Channel) gravel mining shall follow all of the recommendations .…” (page 14, item no. 22) to:“Floodplain (Off-Channel) gravel mining shall follow the following recommendations from the Garcia River Gravel Management Plan.”Text of the recommendations to be moved into amendment follows this item as starting on page “a” in Attachment B.

7.Delete indicated sections page “a” through “g” following page 14.

8.Replace the phrase “Strategy Summary” with “Action Plan” (page 15 at the first paragraph, last sentence; second paragraph 5th line; third paragraph, 1st line; fourth paragraph, 2nd line; last paragraph, 1st line; on page 18 at the first full paragraph, 7th line; second paragraph, 7th, 8th, and 10th lines; third paragraph, 1st line; and last paragraph, 3rd line; on page 19, 1st, 2nd, and last lines).

9.Change “Instream and hillslope monitoring parameters, monitoring protocols, and frequency of monitoring are described in detail in pages 156 – 160 of the Garcia River Watershed Water Quality Attainment Strategy for Sediment, December 9, 1997.” (page 17, first full paragraph, 2nd sentence) to:“Instream and hillslope monitoring parameters, monitoring protocols, and frequency of monitoring are attached as Table 4.”Insert as Table 4, the information contained in the above citation at the end of the Monitoring Plan subsection.